Texas drug law shifted when hemp became legal, and county laboratories are still catching up. Clients caught in that gap call Derek Israel Law, PLLC, where our Lockhart and New Braunfels, TX, drug charges lawyer first looks at whether the state can prove what the substance actually was.
Offenses Prosecuted Most Often
Drug filings in Central Texas reach well beyond simple possession, and several separate counts frequently ride along with a single arrest. Local dockets fill up each month with the charges listed here, most of them arising from traffic stops:
- Possession of marijuana or of a concentrate cartridge
- Possession of drug paraphernalia
- Fraudulent prescriptions and so-called doctor shopping
- Delivery of a controlled substance to a minor
Paraphernalia counts may seem minor, but they still create a permanent criminal record that follows people into hiring decisions. Prescription cases carry felony exposure even when the medication was genuinely and legitimately needed at some earlier point.
How Marijuana Cases Changed After The Hemp Law
Texas legalized hemp in 2019, which means prosecutors now have to prove delta-9 tetrahydrocannabinol (THC) above 0.3 percent to sustain a marijuana charge, and many county laboratories still cannot quantify that number. Filings dropped sharply across the state as a direct result of that change.
What Punishment Ranges Apply To Drug Offenses?
Possession of two ounces or less of marijuana under Section 481.121 of the Health and Safety Code is a Class B misdemeanor. Concentrates fall into a different group entirely, where a single cartridge can support a felony charge.
Four ounces moves marijuana into the felony range, and quantities above five pounds carry a 2- to 10-year exposure. Group placement, rather than the street name of a substance, drives every one of those numbers.
Paraphernalia And Prescription Charges
Possession of drug paraphernalia is generally charged as a Class C misdemeanor, while delivering or selling paraphernalia can be charged as a Class A misdemeanor. Prescription fraud may rise to the level of a state jail felony, and a conviction can jeopardize or even end a career in nursing, pharmacy, or other licensed professions.
Contact Derek Israel Law
Where Can A Case Be Attacked?
Almost every drug prosecution rests on a search, a laboratory report, and an assumption about who actually possessed what officers found. Our attorneys test all three of those points in turn, starting with the search:
- Warrantless searches justified only after the fact
- Laboratory reports that never quantified the substance
- Shared spaces where several people had access
- Informant claims that no independent evidence ever supports
Dismissals happen more often than people expect once the laboratory file gets subpoenaed. Our drug charges lawyer in Lockhart and New Braunfels, TX, requests that material in every case rather than waiting for the state to volunteer it.
One Search Should Not Decide Your Future
Drug convictions reach student aid, housing applications, and job screening for decades after a case closes. Derek Israel Law, PLLC, gives central Texas clients the personal attention of a small-town office and the preparation these cases require. Call (512) 407-3390 or book a free consult to get started this week.
"Great experience he really fought on my case he fights for the truth !"
"I would highly recommend working with Derek Israel Law. He was very easy to get a hold of and very responsive when needed. With his help we were able to have a very favorable outcome. I can’t say enough good things."
"I've had my fair share of criminal defense attorneys both paid and court appointed. Derek went above and beyond to get my charge dismissed. If you want a defense attorney who's been on both sides of the law, knows the law and will put in the hard work to serve your interests he's your man. Cannot say enough about how engaged Derek was every step of the way in this journey. I hope I never need another defense attorney but if I do there's no other attorney I'd consider calling. Thank you Derek."
